March 2022 | 2022 WY 32 (2022)

Tucker v. Tucker (Wyoming 2023)

The record must contain sufficient evidence to support the determination of income for child support. This modification case was initially brought by the State. The father then filed his own petition. After a lengthy period, the district court entered an order modifying the father’s obligation. The mother appealed. She alleged the evidence didn’t support the calculation of the father’s income. The Supreme Court reversed and remanded. The record didn’t contain evidence to support the determination of the father’s income. Parents are required to include their last two years tax returns and W-2s with their financial affidavit. The father only included one W-2. He claimed he was supported additional children but failed to identify them. The case drug on so long the district court ordered the parents to provide more current financial information. However, in making its final income calculation, the district court failed to address the incomplete financial records and inconsistencies in W-2 and the information provided on the affidavit. On remand, the Supreme Court instructed the district court to consider how best to calculate support when so much time has passed and to ensure any issues brought raised in the State’s petition were resolved.

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